Special offer

Question: What If I Change My Mind?

By
Real Estate Agent with Karen Parsons-Fiddler, Broker 949-510-2395 BRE# 01494165

Question: What If I Change My Mind? 

Answer:


This is probably the most common questions I get from both first time buyers and seasoned buyers combined. It's human nature to want time to think about things and second, third and even seventh guess our decisions, especially big ones like a property purchase. If there ever was a perfect reason to use an agent to represent you in a purchase, this is it! The laws by state vary about contingencies and cancellations, and while a real estate agent is probably not an attorney, they should be well versed in the laws which apply and are trained to protect your rights.

To answer the question, there are many ways to change your mind. They are called contingencies. In simple terms a contingency means that until you have had a chance to approve certain things, you can still change your mind without penalty. These include home inspections, Homeowner's Association rules, seller disclosures, appraisal, insurability....and others. The "get out of jail free" contingency is normally the home inspection. In California you are not required to prove why the condition is not acceptable, nor give the seller the ability to fix anything. You can merely decide that the home does not suit you, based on an inspection. 

As you can see, there are many ways to "change your mind." I like to tell buyers that purchasing a property is a series of decisions, not one. The very first decision is to write an offer, and then we go from there. Did the appraisal come back at value? Can you insurance company provide reasonablly priced fire insurance? Have you read the seller's disclosures of issues, and are the past issues acceptable for you? Are there any Homeowner's Association rules you find unworkable? 

As long as the answers stay YES, we keep moving forward. If we hit a NO, then we either correct it, or cancel it. 

Comments (23)

Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Karen so many folks do think once they sign the contract that is it - signed, sealed and it's their home no matter what.  Great post explaining that buying a home is a series of choices. Kind of like going through a bunch of gates and saying open or no keep it closed.

Mar 18, 2013 10:02 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Karen, I tell my buyers that they can get out of it easily during the first week or so.  After that, they'll have to move to France to get away from the deal, and even then, they're likely to lose at least part of their earnest money deposit.   Ah, the importance of being earnest!

Mar 18, 2013 11:52 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Karen, having a buyer write up an offer thinking that they want to back out is never a positive. Having them write up an offer knowing that there are ways to resolve issues including rescinding the contract without penalty comes off more positive and lets them understand that they are making a big decision.

Mar 18, 2013 12:25 PM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Karen,  Great blog and something that buyer talk about all the time. 

Mar 18, 2013 12:37 PM
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566
I have Sellers do a Home Inspection up front to avoid a problem later. Works well for me. Cancellations almost never.
Mar 18, 2013 12:58 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I recently had that question from a panicky buyer long after the option period was over and inspections and repairs were complete.  When he didn't like my answer of... well who knows if the seller will accept your EM as damages instead of suing you for specific performance.... Call the closing attorney....his feet warmed back up. 

Mar 18, 2013 01:50 PM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Curtis: Sorry...it happens but we never like, it do we? bummer

Lori: Sadly this is true and we all deal with it

Anna: Thanks....I think when buyers take things one decision at a time it relieves the pressure and things don't pile up

Patricia: The practical reality here is that they can really get out of it almost until the very day of the close. I don't mind this, it keeps them engaged.

Ed: Absolutely! Always there is a positive way to approach things

Will: Thanks....and it is one of the first questions on every transaction

Cheryl: I think in a perfect world, that's a great idea. But we never really see that here

Tammy: We don't have attorneys here and there are no automatic keeping of EM, so the seller would be tied up while we wait for arbitration. That can take about 9 months, and yes the seller would win. Problem is that they also can't sell the home with an open escrow, so it rarely happens. 

Mar 19, 2013 01:39 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Karen-this is excellent information especially for first time home buyers.  So many times the buyer's remorse comes because they feel that once they sign on the dotted line that's it, without any "what ifs".  

Mar 19, 2013 02:10 AM
Linda Greco Rich, ABR, SRES
Exit Preferred Realty - Bel Air, MD
Harford County Specialist

I share the contingencies, but never give my clients the impression that they can just get out of a deal because they have cold feet. Your list is reassuring to buyers.

Mar 19, 2013 04:25 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

When I worked with buyers (I mostly represent sellers now), I always assured them that they had contingencies to fall back on and they could cancel for any reason under paragraph 14b1 in the California purchase contract. I even circled it for them. When I told other agents I did that, they were shocked and said they never tell their clients that they can cancel. But for me it worked to disclose. I think they have a right to know, and it makes the whole process easier for them.

Mar 19, 2013 05:27 AM
Cooper Jacobs
Looking For A Seattle Realtor? COOPERJACOBS.COM - Seattle, WA
Real Estate Brokers - Seattle

Thank you Karen.

This is a great read and it's so interesting to read about the different guidelines for many of the states around The USA. It would be particularly important to discuss the differences with folks that are moving in from out of state.

Thanks again and Cooper Jacobs wishes you the best in all your real estate activity.

Mar 19, 2013 05:32 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Kathy: There are things that happen, and even if it's just a "bad feeling" I want them to feel comfortable that they can change their minds. It happens

Linda: I think that cold feet do happen, and if they do....I'll try to get them out of it

Elizabeth: I couldn't agree more!! Absolutely. In fact the hardest I ever worked was to get a buyer out of a contract due to cold feet. The sellers did sell quickly and for a higher price. The buyers bought the right house. So....

Cooper: I can only speak to my state, but I do go into detail when buyers are coming from somewhere else. 

Mar 19, 2013 06:08 AM
Trisha Bush-LeFore
Preferred Properties Land & Homes - Walla Walla, WA
Providing Realtor Services in the Walla Walla Area

What a great post explaining in a simple yet precise manner the process and the importance of contigencies. Thanks. Have a wonderful day.

Mar 19, 2013 07:58 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

Karen, even when all the answers say yes, buyers can get buyers remorse. The escape clauses go in time order and NORMALLY the worst that can happen is loss of earnest money or worst case suit for breach of contract with specific performance not being met. A contract is SERIOUS, not to be taken lightly, and it needs to be known that "technically" they cannot change their minds after a point of no return, without consequences. If they are too frightened to commit, maybe at this time they should not buy.

Mar 19, 2013 08:51 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Karen: In this market of tight inventory, buyers can't help themselves, they keep looking even though they are under contract. But it's good to tell them when time is running out without it costing them. What they might forget is that as soon as an appraisal is ordered, they are on the hook for that expense.

Mar 19, 2013 11:41 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

The last question should be a "NO" and then you move forward ;-)  (Are there any HOA rules tha are unworkable).  There are always some revocations built in to the contract, but it's a "speak now or forever hold you peace" once those windows close . . . either that or walk away from the EM.  Great job pointing out some of the ways to work, or unwork the deal.

Mar 19, 2013 02:22 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Karen - This is a great post that answers a question that comes up so often.

Mar 19, 2013 04:39 PM
Marc McMaster
RE/MAX Centre Realty - State College, PA
Putting my clients before myself

I even had a seller ask me yesterday while signing a counter offer, "When do we have to decide if we're going to take this."  I stopped and said, "you just did!"

Mar 19, 2013 08:59 PM
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

Great post Karen.  Many of my buyers have the exact same question.                                                                                         

Mar 19, 2013 10:31 PM
Vanessa Saunders
Global Property Systems Real Estate - White Plains, NY
Real Estate | Done Differently

It seems home buyers, especially first time buyers get some comfort knowing that it is an option even if they don't want to take it.

Mar 19, 2013 11:08 PM